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EU Nature Restoration Law: Understanding your company’s reliance

The EU’s Nature Restoration Law mandates the restoration of 20 percent of land and sea by 2030. Irish businesses must assess their reliance on nature for resilience, writes David McGee The formal adoption of the European Union (EU) Nature Restoration Law (NRL) by the EU Council in June 2024 marks another victory for nature. Importantly, it urges Irish businesses to understand their reliance on and impact on nature and biodiversity. Understanding what legislation like this could mean for long-term business resilience is essential. What is the importance of the Nature Restoration Law? The NRL is the first continent-wide, comprehensive law of its kind. Under the NRL, EU countries must implement measures to restore at least 20 percent of the EU’s land and sea areas by 2030 and all ecosystems in need of restoration by 2050. It sets specific legally binding targets and obligations for nature restoration across various ecosystems – from terrestrial to marine, freshwater and urban environments. Member states must submit national restoration plans to the European Commission by 2026, detailing how they will achieve these targets and how they will monitor and report on their progress. New business opportunities for ecosystem resilience Businesses often struggle to connect their operations directly with nature and biodiversity. However, a thorough understanding of value and supply chains reveals that reliance and impact  on nature and biodiversity are relevant for every business. The NRL may affect companies’ suppliers, customers or individual holdings directly or indirectly. The NRL and existing biodiversity reporting requirements under the Corporate Sustainability Reporting Directive (CSRD) signal to the business world that nature and biodiversity are paramount. Understanding and investing in nature and biodiversity can also open up new opportunities. The NRL aims to support the EU’s overarching climate mitigation and adaptation objectives while enhancing food security. Restoration efforts contribute to ecosystem resilience, which can lead to more sustainable long-term business models – especially for those heavily dependent on natural resources. Creating long-term sustainability Here are four steps ESG leaders can take to understand your company’s reliance on nature and biodiversity and ensure long-term sustainability.  1. Undertake value chain mapping: Value chain mapping is a crucial tool for understanding the ecosystem of your product or business operations. Gaining visibility of your value chain will assist in identifying where nature and biodiversity intersect and how they are integrated or relied upon throughout the value chain.  2. Evaluate and assess: Once you identify nature and biodiversity throughout the value chain, dependencies and impacts should be evaluated and assessed. Assess how natural resources (land, water, air) are utilised or relied on and how this relates to the locality of the resource. Nature and biodiversity can be highly local and unique. Where are the vulnerabilities and risks to nature from using resources in the value chain? What is the impact, and what can you do to mitigate it? Equally, where are the opportunities, or where can gains be made? 3. Data and technology: Relevant data and technology will give more certainty and enable informed decision-making by providing more accurate evaluations and assessments of the impacts and opportunities of business operations on nature and biodiversity. Leveraging non-financial sustainability reporting data, public datasets and geospatial tools will help build a comprehensive and accurate understanding of the interface between businesses, nature and biodiversity. Importantly, this will inform adequate action to reduce impact and dependencies while maximising opportunities. 4. Business strategy and risk management integration: Embed identified nature and biodiversity risks and actions into your broader business strategy and risk management. Increasingly, businesses are integrating sustainability into their wider business strategy, leading to sustained value, enabling strategic decision-making, driving accountability, maintaining compliance, and setting out how the cost to the business versus the contribution to society is managed. David McGee is ESG Leader at PwC Ireland

Sep 06, 2024
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Five practical steps for becoming DORA-ready

In 2025, DORA will impose rigorous risk management standards on EU financial entities. Shane O’Neill offers five practical steps for compliance readiness From 17 January 2025, the Digital Operational Resilience Act (DORA) applies to all financial entities operating within the European Union. This wide-reaching legislation aims to strengthen the digital operational resilience of the financial services sector. Built upon five pillars, it contains rigorous requirements for information and communication technology (ICT) risk management, incident reporting, testing, third-party risk management and information sharing. Implementing DORA’s requirements can be overwhelming, and knowing where to begin can be difficult. Below are five practical steps that firms can take to become DORA-ready. Understand the principle of proportionality Because of the diverse nature of the financial services sector, DORA employs the principle of proportionality. This challenging but critical aspect of compliance means that entities’ regulatory requirements will differ depending on their size and risk profile and the scale, nature and complexity of their business. For example, large institutions providing multiple services, such as Ireland’s three-pillar banks, must establish a fully-fledged ICT risk management framework that addresses all appropriate areas from DORA’s Level 1 and Level 2 texts. However, smaller entities, such as boutique trading firms, can avail of a simplified ICT risk management framework covering only the areas relevant to their function, services and industry. Testing requirements also differ depending on proportionality. All entities must set up a general testing programme and comply with digital testing requirements, but through industry engagement with the Central Bank of Ireland (CBI) in recent months, the indication is that only about 10–15 institutions in Ireland will initially fall within scope of the advanced threat-led penetration testing requirements laid out in Articles 26 and 27. The application of proportionality seeks to create a high standard for the sector as a whole while protecting smaller organisations from unnecessary regulatory encumbrances. Since DORA does not take a one-size-fits-all approach to compliance, institutions should begin their compliance journey with a scoping exercise to confirm the right-sized approach to meet the requirements without taking on needless regulatory burdens. Perform a holistic gap assessment DORA’s five pillars touch many components of business operations, so organisations should analyse their entire operating model to determine which groups and business functions the legislation affects. They should bring together the stakeholders from each affected area to ensure that everyone understands their role in the compliance journey. Business as usual will continue throughout the implementation timeline, and having a collaborative approach to the planning stage helps stakeholders align on DORA-related priorities and responsibilities from the get-go. When conducting the business-wide gap assessment, entities should also inspect existing processes to determine if they can be used for DORA compliance. All firms practise digital operational resilience to some extent, and with a comprehensive review, in many instances, they’ll discover that they can enhance some of their existing procedures to satisfy DORA requirements. Leveraging and improving existing procedures saves time and allows entities to focus their effort and resourcing on the areas where they’ll need to start from scratch to build practices that achieve compliance. Be strategic about remediation activities When building a remediation roadmap, entities should address the compliance areas that need the most work first. Drafting new frameworks, evaluating them against the legislation and scrutinising their effectiveness will take time. Areas with significant compliance gaps must be addressed thoroughly, and an imminent implementation deadline can create unnecessary pressure on employees. Whenever possible, businesses should align their remediation plans with existing transformation roadmaps. To remain competitive, many organisations are already executing transformation roadmaps –digital, operational, environmental, etc. These businesses should ground DORA changes within their existing plans. For instance, if a current transformation roadmap has a timeframe for updating contracts with third-party suppliers, the business should incorporate the additional contractual changes required by DORA as part of that review cycle. Document decision-making While the CBI expects firms to be as compliant as possible by 17 January 2025, it has also recognised that “the regulation of digital operational resilience is not a once-and-done exercise and that is optimal to adopt a multi-year, multifaceted perspective”. When implementing large-scale change programmes, certain business realities, such as the lengthy process for updating third-party contracts, may prevent organisations from implementing all required changes within the timeframe in place. The CBI will take such issues into account when evaluating compliance, but it has firm expectations that all entities will have established and begun work on an agreed implementation roadmap by the January deadline. Firms should, therefore, be prepared to give an account of their DORA decision-making process. Ensuring oversight and alignment through risk and compliance functions and objective review and challenge from internal audit will show the application of a holistic delivery model to meet DORA requirements. Plan to test digital operational resilience regularly DORA requires that firms test digital operational resilience regularly (with the principle of proportionality determining the frequency of the review cycle), so DORA frameworks need to stay top of mind within organisations even after implementation projects stand down next year. By increasing entity-wide awareness about maintaining digital operational resilience, businesses can help all employees understand that DORA frameworks shouldn’t exist in silos; they need to evolve alongside business practices. Any large-scale change – restructuring, operational changes, systems updates, etc. – should prompt an evaluation of the existing framework. For instance, if a firm decides to overhaul its technology systems in 2026, then the DORA framework – despite only being a year old – may need updating to ensure continued compliance and meet the evolving business model of today. Shane O'Neill is Partner in Consulting at Grant Thornton

Aug 23, 2024
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The new EU deforestation regulations businesses should know about

Irish businesses in beef and forestry face challenges as new EU deforestation rules demand ‘deforestation-free’ certification, with severe penalties for non-compliance, writes Vivian Nathan Irish businesses, particularly those in the beef and forestry sectors, are set to encounter significant regulatory hurdles due to the new EU deforestation regulations. With the potential for severe penalties, the stakes have never been higher for Irish exporters. The EU Deforestation Regulation (EUDR), which will take effect on 30 December 2024, is designed to combat forest degradation by imposing strict compliance obligations on businesses trading in specific goods with the EU.   For Ireland, this means that companies exporting beef products, wood, and other related commodities will need to demonstrate that their products are ‘deforestation-free’. This regulation imposes stringent requirements on Irish businesses, particularly those in the beef and forestry sectors. Products such as  beef and processed beef items, and wood products must be certified as ‘deforestation-free’. This certification means they must not have been produced on land deforested after 31 December  2020. Failure to comply could result in severe penalties, including fines, confiscation of goods, and exclusion from public procurement opportunities. The impact on Ireland is significant due to its strong agricultural and forestry sectors. Farmers and businesses involved in beef production, wood processing, and other related industries will need to undertake rigorous due diligence to meet these new standards. This includes gathering geolocation data and other documentation to prove compliance. The new regulations represent a significant shift for Irish exporters, especially those in the beef and forestry industries. The penalties for non-compliance could severely impact businesses that do not take immediate action. Beef and processed beef products Items such as steaks, minced beef, liver, and canned luncheon meat must now be proven to come from sources that are not contributing to deforestation. Given Ireland’s significant beef export market, this regulation could place additional pressure on farmers and processors to ensure compliance. Forestry and wood products Products such as building materials (sheets of wood, laminated wood, wood flooring), wooden packaging (crates, pallets), and wooden household items (tableware, ornaments) must meet the stringent ‘deforestation-free’ criteria. The forestry sector, a cornerstone of rural Irish economies, will need to adapt quickly to avoid penalties. Other goods Chocolate products, coffee, printed materials (books, brochures, newspapers), and wooden furniture will also fall under the scope of the EUDR. For businesses exporting these goods, the compliance burden will be significant. Regulatory penalties The EUDR outlines a range of penalties for non-compliance, including: fines proportional to the environmental damage and value of the commodities, with escalating penalties for repeated offences; confiscation of non-compliant products and revenues from their sale; temporary exclusion from public procurement processes and access to public funding for up to 12 months; and prohibition from placing products on the market or exporting them in the event of serious or repeated infringements. Action required Businesses must start preparing now. The first step is understanding the EUDR’s impact on your operations and gathering the necessary data for the due diligence system (DDS). This includes verifying the geolocation of raw materials against the EUDR Map to confirm compliance. The EUDR is more than just a regulatory hurdle; it’s a transformative challenge for Irish exporters. By taking proactive steps, maintaining clear communication within supply chains, and ensuring all products meet the ‘deforestation-free’ criteria, businesses can safeguard their operations and continue to thrive in the European market. With the December 2024 deadline fast approaching, Irish businesses must adapt swiftly to the new regulations or face severe consequences in the EU market. Vivian Nathan is Chief Operating Officer at Baker Tilly Ireland

Aug 23, 2024
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Three steps to explore AI business potential and regulatory impact at the same time

With the EU AI Act now in effect, businesses must navigate its regulatory challenges while unlocking AI's potential. Keith Power outlines three key strategies to ensure compliance and drive innovation With the introduction of the EU Artificial Intelligence Act, exactly three years after its first draft, organisations now face the challenge of understanding the business impact of this new regulation and determining appropriate measures to take. What contributes to this dynamic is, for the majority of organisations, thinking about the risk and compliance implications of AI while exploring its business potential. Here are three so-called steps to deal with both of these challenges. Step 1: Map your landscape of current and expected AI applications Top-down: Define current and foreseeable business opportunities and issues and compare these with the potential that generative AI technology offers. Bottom-up: Do a brainstorming session with appropriate representation of relevant business functions to identify potential AI use cases. The success factor in brainstorming is not overthinking it. Combine both categories of AI use cases and plot these against two dimensions:  overall business impact; and implementation effort required.  Highlight your ‘quick wins’ (high business impact, low implementation effort) and ‘high potentials’ (high business impact, high implementation effort) to get a strategic landscape of AI applications. Create an inventory of your current AI applications, in use and development, and add them to the strategic landscape of AI applications. Don’t forget third-party applications. The inventory should at least capture: the purpose and intended use of each AI system; the data it uses; its core functionality/workings; the processes, functions and (in)direct stakeholders it affects; and risk categorisation that is consistent with the EU AI Act. Result: A robust starting point for an AI strategy and a regulatory impact analysis. Step 2: Raise awareness and upskill employees For every job, function or role out there, the question is not if AI will change it, but when. Not having an AI strategy is not a sufficient reason to wait to offer employees upskilling opportunities or create a safe learning environment in which they can build skills in using AI and dealing with the risks of the technology. The latter is especially important because employees can start working with generative AI on their own initiative. Agile is the keyword here. Applying the latest generation of AI technology is like learning to work with a new colleague –  you have to spend time together to get attuned to each other.  What upskilling should focus on for now: Introduction to generative AI and its principles: This topic provides an overview of generative AI and explains its fundamental principles and applications. Employees will learn to understand the potential benefits and challenges associated with using generative AI. Responsible use of generative AI: This topic highlights the importance of responsible and ethical AI use. Employees will learn about risk considerations, including human impact, ethics, bias, fairness, privacy, and transparency, in the context of AI applications and the consequence(s) of their use. They will gain an understanding of the need to ensure that AI systems are developed and deployed in a responsible and accountable manner, in accordance with new legal requirements under the AI Act. Prompt engineering: This topic focuses on the concept of prompt engineering, which involves designing effective prompts or instructions to direct the behaviour of a generative AI model. Employees will learn how to craft prompts that produce desired outputs while avoiding unintended biases or undesirable outcomes. They will gain an understanding of the significance of prompt engineering for achieving reliable and ethical AI results. By covering these three key topics, organisations can provide employees with a comprehensive understanding of generative AI, responsible AI use, and the importance of prompt engineering for effective and ethical AI application. Result: An equipped workforce to execute the (future) AI strategy, to handle AI responsibly, and to shape, implement and comply with legal requirements. Step 3: Implement responsible use guidelines Responsible use of AI revolves around desired business conduct. First, it requires awareness and clarity about what that is and second, the ability to recognise the associated risks in practice and to respond effectively to them. Organisations should establish simple but clear and workable responsible use guidelines. These guidelines address what should always be done and/or what should never happen (i.e. the ‘non-negotiables’) when it comes to the use of AI and data.  To determine the working principles for daily use, organisations can draw inspiration from ethical AI principles, such as transparency, accountability, human oversight, and social and ecological well-being, as formulated in 2019 by the High-Level Expert Group of the European Commission. These principles provide broad guidance and usually need to be further operationalised to be workable in daily practice. When developing these guidelines for responsible use for the organisation, it is important to find an appropriate balance between setting boundaries and offering freedom for innovation within the organisation. Result: Clear criteria to guide the AI strategy and its execution, end-to-end through the organisational AI lifecycle. Keith Power is Partner at PwC

Aug 23, 2024
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The illusion of productivity: why monitoring employees is a step backwards

In an era of digital surveillance, employees resort to performative tactics like "mouse shuffling." True productivity thrives on trust, communication, and effective people management—not monitoring, writes Moira Dunne Have you heard of the ‘mouse shuffle’ or coffee badging’ or ‘productivity theatre’ yet? These terms refer to tactics used by employees to show that they are working hard. Why? Because they work in companies where surveillance tools are used to monitor performance. Where working visibility is valued more than actual productivity. Monitoring our employees A recent Forbes survey found that 43 percent of American employees say their online activity is being monitored in 2024. What are we doing? Why are we monitoring people and using surveillance tools? Where did it all go wrong? As a Productivity Consultant passionate about helping businesses improve by achieving productivity through employee motivation, engagement and empowerment, reading about performative tactics, surveillance and mistrust sadden me greatly. When and, perhaps more importantly, why did employers revert to such old-school thinking –  that being seen equals working hard? Of course, the shift to remote working since the pandemic has changed how we work, but matching that with intelligent thinking and planning will help us understand the implications of that change. Leaders should consider adopting an ‘old-school’ strategy to boost productivity – good old-fashioned people management! This involves communication, building one-to-one relationships, providing clear goals and direction, setting weekly targets, empowering people, and providing constructive feedback and training. Productivity tools Managers and team leaders have a key role in enabling productivity. Many of the barriers can be reduced or removed by good communication, clarity and allowing people to protect time for their priority work. Empowering employees is key to their productivity and well-being, and by providing tools to aid their productivity, you show your team that you’re all in this together, trusting them to achieve the organisation’s goals. Here are five ways to help employees feel empowered and productive: Reduce meetings and improve decisions, actions and follow-up; Put a smart email practice in place so less time is spent on email each day; Agree on team and individual priorities and plans every week; Identify distractions within the team (such as other departments taking resources, etc) and work to reduce them; and Minimise time spent on low-value activities. You need to work with your team to identify any productivity barriers and stress factors. Good people management We don’t need heavy-handed monitoring tools to manage our employees. We need human connection, leadership and to learn to trust our employees when they aren’t in our immediate eyeline. In his Forbes article about mouse shuffling, organisational consultant David Campbell stresses that only when companies start trusting employees more and focus on the work they produce—not on how much they seem to be working—will trends like the ‘mouse shuffle’ fade away. He predicts that better work-life balance and happier employees would be the result. “Businesses should measure success by results, not by how much time someone seems to be working,” Campbell advises. “They should trust employees to manage their time and focus on achieving their goals, rather than simply being online all the time.” Moira Dunne is Founder of beproductive.ie

Aug 16, 2024
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Macroeconomics and the global food industry

As the global economy faces constrained growth, high inflation, and regulatory pressures, the food industry must adapt to rising costs, technological disruptions, and geopolitical volatility, says Brian MacSweeney The 2024 economic outlook paints a mixed picture. Constrained growth across the leading economies, stubbornly high inflation, and slowness to ease the tightened monetary policy cycle mean industries are facing challenging operating environments. The food industry is no different and its relationship with these macro-economic factors is complex. For many years, the developed world has generally had a stable supply of cheap high-quality food. Recently, the status quo has been challenged. Brexit, war, labour shortages, supply chain disruption, regulation and climate change mean that the complex interlinkage will continue, but it will be more volatile than stable. Here are some of the global micro-trends and the impact they are having on the food and beverage sector. Labour availability and cost The current global labour trend is marked by shortages and increased costs. This has a ripple effect, slowing food production and distribution, and ultimately increasing the price of food. An example is the recent minimum wage increase in California for fast-food workers. This was an important step towards better living standards for workers, but the corollary is higher food prices. Fast food prices across chains in California are increasing. At a time of higher inflation, this disproportionately affects cohorts from socially disadvantaged backgrounds which is a key trend globally in the industry.  Commodity prices and inflation The FAO Food Price Index (FFPI) for June 2024 stood at 120.6 points. To put this into perspective, the FFPI averaged 125.7 points in 2021, which was a 28.1 percent increase over 2020. Therefore, the current FFPI is lower than the average for 2021, but it is still relatively high compared to historical standards. This is driven by various macroeconomic factors including climate. The poor cocoa harvest in Ghana and Ivory Coast has caused cocoa prices to spike. Coffee, too, has experienced a similar fate, with futures of coffee spiking due to heatwaves affecting major producers in South-East Asia. While we await general inflation to subside due to continuing government interest rate intervention, events like climate keep food prices elevated.  Policy and regulation Europe leads the way when it comes to the regulation of food where labelling, nitrate levels, flavour use, and unfair trade practices all have been legislated over the last number of years. The introduction of the Corporate Sustainability Reporting Directive (CSRD) in the EU is having a transformative effect. While regulation means well, it can impact food yield and cost. In terms of price, not every government is explicitly regulating food prices, but because the cost of food is one of the clear ways the population sees inflation impacting their wallets, governments are intervening because they want the price of food kept flat or even reduced. Recently, the Canadian Prime Minister summoned CEOs of Canada’s five largest retailers and gave them a deadline to reduce the price of food, warning they would be subject to heavier regulation if they didn’t comply. Similar conversations are happening in various jurisdictions around the world, putting real pressure on the margins and cash flow.  Geo-politics Geopolitical instability, particularly war, has a profound impact on consumers and producers alike. For example, the impact of Brexit on food availability in the UK and the effect of the war in Ukraine on grain prices are well documented. The simple diversion of shipping from the Strait of Hormuz because of Houthi attacks that disrupt vital shipping routes to around the Horn of Africa has added days to supply chains and cost increases for consumers. These events are becoming more frequent making outlooks more unpredictable.  Disruption and technological advancement The pace of technological advancement is a significant challenge but also an enormous opportunity. AI and weight suppressing medications are key emerging disruptors. AI can significantly impact the value chain right from crop yield monitoring to customer experience. Weight loss drugs, such as Wegovy and Ozempic are not widely available in Ireland, but the pipeline of new alternatives including orally ingested drugs may alter consumer eating habits and food preferences, leading to a decrease in the consumption of high-calorie snacks and fast food. This disruption is a prominent agenda item for the boards considering their product offerings and strategies.  Optimism and opportunity Despite the challenging macro environment, we are beginning to see an easing of inflationary pressures due to the tight monetary policies pursued by central banks around the world. As inflation calms, monetary policy and interest rates will fall. This will drive a renewed consumer demand which will stimulate economic growth. The food industry is well-versed in managing economic cycles and has always been resilient and adaptable. It has consistently demonstrated its ability to evolve through challenges and changes over the years. During this period, there is huge opportunity for the Irish food industry. Already, Ireland is leading the way in sustainability. The acquisition profile of our companies is strategic and niche in sectors like food preservation, for example. The integration between food and energy companies is becoming more pronounced, with solar farms emerging alongside food plants and ongoing trials for bio-methane production – this is to solve the emissions problem. Moreover, our universities are spearheading cutting-edge research and fostering strong industry collaborations. While the landscape presents its challenges, it also offers great opportunities. As always, the future holds promise and potential for those ready to adapt.  Brian MacSweeney is a Audit Partner at KPMG

Aug 16, 2024
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